MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER … Francesco Giuseppe 201… · 15 16 17 Respondent. Complainant alleges: Case No. 800-2015-012976 OAH No. 2016040467 STIPULATED

BEFORE THE MEDICAL BOARD OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against: ) )

FRANCESCO GIUSEPPE ISOLANI, M.D. ) )

Physician's and Surgeon's ) Certificate No. G 85394 )

) Respondent. )

)

Case No. 8002015012976

DECISION AND ORDER

The attached Stipulated Settlement and Disciplinary Order is hereby adopted by the Medical Board of California, Department of Consumer Affairs, State of California, as its Decision in this matter.

This Decision shall become effective at 5:00p.m. on July 7, 2016.

IT IS SO ORDERED June 7, 2016.

MEDICAL BOARD OF CALIFORNIA

By: ________ ~------~-----Jamie wr· Panel A

KAMALA D. HARRIS Attorney General of California

2 JANE ZACK SIMON Supervising Deputy Attorney General

3 LAWRENCE MERCER Deputy Attorney General

4 State Bar No. 111898 455 Golden Gate A venue, Suite 11000

5 San Francisco, CA 941 02-7004 Telephone: ( 415) 703-5539

6 Facsimile: ( 415) 703-5480 Attorneysfor Complainant

7 BEFORE THE

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MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER AFFAIRS

STATE OF CALIFORNIA

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In the Matter of the Accusation Against:

Francesco Isolani, M.D. 2664 Francisco Way El Cerrito, CA 94530-1531

13 Physician's and Surgeon's Certificate No. G85394,

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Respondent.

Complainant alleges:

Case No. 800-2015-012976 OAH No. 2016040467

STIPULATED SETTLEMENT AND DISCIPLINARY ORDER

PARTIES 18

19 1. Kimberly Kirchmeyer (Complainant) is the Executive Director of the Medical Board

20 of California (Board). She brought this action solely in her official capacity and is represented in

21 this matter by Kamala D. Harris, Attorney General of the State of California, by Lawrence

22 Mercer, Deputy Attorney General.

23 2. Francesco Isolani, M.D. (Respondent) is represented in this proceeding by his

24 attorneys Lindsay M. Johnson and Frederick Ray, Ray & Bishop, 5000 Birch Street, Suite 7000,

25 Newport Beach, CA 92660.

26 3. On or about August 20, 1999, the Medical Board issued Physician's and Surgeon's

27 Certificate Number G85394 to Francesco Isolani, M.D. (Respondent). The Physician's and

28 Surgeon's Certificate was in full force and effect at all times relevant to the charges brought

STIPULATED SETTLEMENT AND DISCIPLINARY ORDER (20I6040467)

1 herein and will expire on March 31, 2017, unless renewed. On March 7, 2016, an Administrative

2 Law Judge issued a Partial Interim Suspension Order restricting said certificate including, but not

3 limited to, requiring Respondent's compliance with the Uniform Standards for Substance-

4 Abusing Licensees (16 CCR 1361.5).

JURISDICTION 5

6 4. An Accusation (Accusation) in Medical Board case number 800-2015-012976 was

7 filed before the Board on March 28, 2016, and is currently pending against Respondent. The

8 Accusation and all other statutorily required documents were properly served on Respondent and

9 he timely filed a Notice of Defense contesting the Accusation.

10 5. A copy of Accusation No. 800-2015-012976 is attached as Exhibit A and

11 incorporated herein by reference.

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13 ADVISEMENT AND WAIVERS

14 6. Respondent has carefully read, fully discussed with counsel, and understands the

15 charges and allegations in Accusation No. 800-2015-012976. Respondent has also carefully read,

16 fully discussed with counsel, and understands the effects ofthis Stipulated Settlement and

17 Disciplinary Order.

18 7. Respondent is fully aware of his legal rights in this matter, including the right to a

19 hearing on the charges and allegations in the Accusation; the right to be represented by counsel at

20 his own expense; the right to confront and cross-examine the witnesses against him; the right to

21 present evidence and to testify on his own behalf; the right to the issuance of subpoenas to compel

22 the attendance of witnesses and the production of documents; the right to reconsideration and

23 court review of an adverse decision; and all other rights accorded by the California

24 Administrative Procedure Act and other applicable laws.

25 8. Respondent voluntarily, knowingly, and intelligently waives and gives up each and

26 every right set forth above.

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STIPULATED SETTLEMENT AND DISCIPLINARY ORDER (2016040467)

CULPABILITY

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9. Respondent does not contest that, at an administrative hearing, Complainant could

establish a prima facie case with regard to the charges in the Accusation. Respondent hereby

gives up his right to contest these charges.

5 10. Respondent agrees that his Physician's and Surgeon's Certificate is subject to

6 discipline and he agrees to be bound by the Board's probationary terms as set forth in the

7 Disciplinary Order below.

8 CONTINGENCY

9 11. This stipulation shall be subject to approval by the Medical Board of California.

10 Respondent understands and agrees that counsel for Complainant and the staff of the Medical

11 Board of California may communicate directly with the Board regarding this stipulation and

12 settlement, without notice to or participation by Respondent or his counsel. By signing the

13 stipulation, Respondent understands and agrees that he may not withdraw his agreement or seek

14 to rescind the stipulation prior to the time the Board considers and acts upon it. If the Board fails

15 to adopt this stipulation as its Decision and Order, the Stipulated Settlement and Disciplinary

16 Order shall be of no force or effect, except for this paragraph, it shall be inadmissible in any legal

17 action between the parties, and the Board shall not be disqualified from further action by having

18 considered this matter.

19 12. The parties understand and agree that Portable Document Format (PDF) and facsimile

20 copies of this Stipulated Settlement and Disciplinary Order, including Portable Document Format

21 (PDF) and facsimile signatures thereto, shall have the same force and effect as the originals.

22 13. In consideration of the foregoing admissions and stipulations, the parties agree that

23 the Board may, without further notice or formal proceeding, issue and enter the following

24 Disciplinary Order:

25 DISCIPLINARY ORDER

26 IT IS HEREBY ORDERED that Physician's and Surgeon's Certificate No. G85394 issued

27 to Respondent Francesco Isolani, M.D., is revoked. However, the revocation is stayed and

28 Respondent is placed on five years (5) probation, subject to the following terms and conditions.

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1. PSYCHOTHERAPY. Within 60 calendar days of the effective date of this Decision,

Respondent shall submit to the Board or its designee for prior approval the name and

qualifications of a California-licensed board certified psychiatrist or a licensed psychologist who

has a doctoral degree in psychology and at least five years of postgraduate experience in the

diagnosis and treatment of emotional and mental disorders. Upon approval, Respondent shall

undergo and continue psychotherapy treatment, including any modifications to the frequency of

psychotherapy, until the Board or its designee deems that no further psychotherapy is necessary.

The psychotherapist shall consider any information provided by the Board or its designee

and any other information the psychotherapist deems relevant and shall furnish a written

evaluation report to the Board or its designee. Respondent shall cooperate in providing the

psychotherapist any information and documents that the psychotherapist may deem pertinent and

shall at all times be fully compliant with his prescribed medication regimen.

Respondent shall have the treating psychotherapist submit quarterly status reports to the

Board or its designee, which shall include reports on Respondent's current psychiatric status, his

medication compliance and his adherence to recommendations from the psychotherapist. The

Board or its designee may require Respondent to undergo psychiatric evaluations by a Board

appointed board certified psychiatrist. If, prior to the completion of probation, Respondent is

found to be mentally unfit to resume the practice of medicine without restrictions, the Board shall

retain continuing jurisdiction over Respondent's license and the period of probation shall be

extended until the Board determines that Respondent is mentally fit to resume the practice of

medicine without restrictions.

Respondent shall pay the cost of all psychotherapy and psychiatric evaluations.

2. CLINICAL DIAGNOSTIC EVALUATION. During the investigation ofthis

matter, Respondent voluntarily underwent a psychiatric and substance abuse evaluation

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STIPULATED SETTLEMENT AND DISCIPLINARY ORDER (20 16040467)

conducted by a Board-appointed psychiatrist, which is deemed to constitute a Clinical Diagnostic

2 Evaluation for purposes of the Uniform Standards. Respondent specifically acknowledges and

3 understands, however, that the Board may impose additional requirements for evaluation and

4 assessment. During probation, the Board or its designee may in its sole discretion require

5 Respondent to undergo and complete additional clinical diagnostic evaluations, including any and

6 all testing deemed necessary, by a Board-appointed, board certified physician and

7 surgeon. Respondent shall fully cooperate with any evaluation, and the examiner shall consider

8 any information provided by the Board or its designee and any other information he or she deems

9 relevant, and shall furnish a written evaluation report to the Board or its designee.

10 A clinical diagnostic evaluation shall be conducted by a licensed physician and surgeon

11 who holds a valid, unrestricted license, has three (3) years' experience in providing evaluations of

12 physicians and surgeons with substance abuse disorders, and is approved by the Board or its

13 designee. The clinical diagnostic evaluation shall be conducted in accordance with acceptable

14 professional standards for conducting substance abuse clinical diagnostic evaluations. The

15 evaluator shall not have a current or former financial, personal, or business relationship with

16 Respondent within the last five (5) years. The evaluator shall provide an objective, unbiased, and

17 independent evaluation. The clinical diagnostic evaluation report shall set forth, in the

18 evaluator's opinion, whether Respondent has a substance abuse problem, whether Respondent is a

19 threat to himself or herself or others, and recommendations for substance abuse treatment,

20 practice restrictions, or other recommendations related to Respondent's rehabilitation and ability

21 to practice safe! y. If the evaluator determines during the evaluation process that Respondent is a

22 threat to himself or herself or others, the evaluator shall notify the Board within twenty-four (24)

23 hours of such a determination.

24 In formulating his or her opinion as to whether Respondent is safe to practice either part-

25 time or full-time and what restrictions or recommendations should be imposed, including

26 participation in an inpatient or outpatient treatment program, the evaluator shall consider the

27 following factors: Respondent's license type; Respondent's history; Respondent's documented

28 length of sobriety (i.e., length oftime that has elapsed since Respondent's last substance use);

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Respondent's scope and pattern of substance abuse; Respondent's treatment history, medical

2 history and current medical condition; the nature, duration and severity of Respondent's

3 substance abuse problem or problems; and whether Respondent is a threat to himself or herself or

4 the public.

5 For all clinical diagnostic evaluations, a final written report shall be provided to the Board

6 no later than ten ( 1 0) days from the date the evaluator is assigned the matter. If the evaluator

7 requests additional information or time to complete the evaluation and report, an extension may

8 be granted, but shall not exceed thirty (30) days from the date the evaluator was originally

9 assigned the matter.

10 The cost of any clinical diagnostic evaluation, including any and all testing deemed

11 necessary by the examiner, the Board or its designee, shall be borne by Respondent.

12 Respondent shall comply with all restrictions or conditions recommended by the examiner

13 conducting the clinical diagnostic evaluation within fifteen (15) calendar days after being notified

14 by the Board or its designee, and shall cooperate fully and completely with the evaluation and the

15 evaluator.

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3. MONITORING- PRACTICE. Within 30 calendar days of the effective date of

this Decision, Respondent shall submit to the Board or its designee for prior approval as a

practice monitor(s), the name and qualifications of one or more licensed physicians and surgeons

whose licenses are valid and in good standing, and who are preferably American Board of

Medical Specialties (ABMS) certified. A monitor shall have no prior or current business or

personal relationship with Respondent, or other relationship that could reasonably be expected to

compromise the ability of the monitor to render fair and unbiased reports to the Board, including

but not limited to any form of bartering, shall be in Respondent's field of practice, and must agree

to serve as Respondent's monitor. Respondent shall pay all monitoring costs.

The Board or its designee shall provide the approved monitor with copies of the Decision(s)

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and Accusation(s), and a proposed monitoring plan. Within 15 calendar days of receipt ofthe

Decision(s), Accusation(s), and proposed monitoring plan, the monitor shall submit a signed

statement that the monitor has read the Decision(s) and Accusation(s), fully understands the role

of a monitor, and agrees or disagrees with the proposed monitoring plan. If the monitor disagrees

with the proposed monitoring plan, the monitor shall submit a revised monitoring plan with the

signed statement for approval by the Board or its designee.

Within 60 calendar days of the effective date of this Decision, and continuing throughout

probation, Respondent's practice shall be monitored by the approved monitor. Respondent shall

make all records available for immediate inspection and copying on the premises by the monitor

at all times during business hours and shall retain the records for the entire term of probation.

If Respondent fails to obtain approval of a monitor within 60 calendar days of the effective

date of this Decision, Respondent shall receive a notification from the Board or its designee to

cease the practice of medicine within three (3) calendar days after being so notified. Respondent

shall cease the practice of medicine until a monitor is approved to provide monitoring

responsibility.

The monitor(s) shall submit a quarterly written report to the Board or its designee which

includes an evaluation of Respondent's performance, indicating whether Respondent's practices

are within the standards of practice of medicine, and whether Respondent is practicing medicine

safely. It shall be the sole responsibility of Respondent to ensure that the monitor submits the

quarterly written reports to the Board or its designee within 10 calendar days after the end of the

preceding quarter.

If the monitor resigns or is no longer available, Respondent shall, within 5 calendar days of

such resignation or unavailability, submit to the Board or its designee, for prior approval, the

name and qualifications of a replacement monitor who will be assuming that responsibility within

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15 calendar days. If Respondent fails to obtain approval of a replacement monitor within 60

calendar days of the resignation or unavailability of the monitor, Respondent shall receive a

notification from the Board or its designee to cease the practice of medicine within three (3)

calendar days after being so notified Respondent shall cease the practice of medicine until a

replacement monitor is approved and assumes monitoring responsibility.

In lieu of a monitor, Respondent may participate in a professional enhancement program

equivalent to the one offered by the Physician Assessment and Clinical Education Program at the

University of California, San Diego School of Medicine, that includes, at minimum, quarterly

chart review, semi-annual practice assessment, and semi-annual review of professional growth

and education. Respondent shall participate in the professional enhancement program at

Respondent's expense during the term of probation.

4. PRESCRIBING PRACTICES COURSE. Within 60 calendar days of the effective

date of this Decision, Respondent shall enroll in a course in prescribing practices equivalent to the

Prescribing Practices Course at the Physician Assessment and Clinical Education Program,

University of California, San Diego School of Medicine (Program), approved in advance by the

Board or its designee. Respondent shall provide the program with any information and documents

that the Program may deem pertinent. Respondent shall participate in and successfully complete

the classroom component of the course not later than six (6) months after Respondent's initial

enrollment. Respondent shall successfully complete any other component of the course within

one (1) year of enrollment. The prescribing practices course shall be at Respondent's expense

and shall be in addition to the Continuing Medical Education (CME) requirements for renewal of

licensure.

A prescribing practices course taken after the acts that gave rise to the charges in the

Accusation, but prior to the effective date of the Decision may, in the sole discretion of the Board

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or its designee, be accepted towards the fulfillment of this condition if the course would have

been approved by the Board or its designee had the course been taken after the effective date of

this Decision.

Respondent shall submit a certification of successful completion to the Board or its

designee not later than 15 calendar days after successfully completing the course, or not later than

15 calendar days after the effective date of the Decision, whichever is later.

5. CONTROLLED SUBSTANCES- PARTIAL RESTRICTION. Respondent shall

not order, prescribe, dispense, administer, furnish, or possess Adderall or any amphetamine.

Respondent shall not possess or use marijuana.

Respondent shall not issue an oral or written recommendation or approval to a patient or a

patient's primary caregiver for the possession or cultivation of marijuana for the personal medical

purposes of the patient within the meaning of Health and Safety Code section 11362.5. If

Respondent forms the medical opinion, after an appropriate prior examination and medical

indication, that a patient's medical condition may benefit from the use of marijuana, Respondent

shall so inform the patient and shall refer the patient to another physician who, following an

appropriate prior examination and medical indication, may independently issue a medically

appropriate recommendation or approval for the possession or cultivation of marijuana for the

personal medical purposes of the patient within the meaning of Health and Safety Code section

11362.5. In addition, Respondent shall inform the patient or the patient's primary caregiver that

Respondent is prohibited from issuing a recommendation or approval for the possession or

cultivation of marijuana for the personal medical purposes of the patient and that the patient or

the patient's primary caregiver may not rely on Respondent's statements to legally possess or

cultivate marijuana for the personal medical purposes of the patient. Respondent shall fully

document in the patient's chart that the patient or the patient's primary caregiver was so

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informed. Nothing in this condition prohibits Respondent from providing the patient or the

patient's primary caregiver information about the possible medical benefits resulting from the use

of marijuana.

6. CONTROLLED SUBSTANCES - ABSTAIN FROM USE. Respondent shall

abstain completely from the personal use or possession of controlled substances as defined in the

California Uniform Controlled Substances Act, dangerous drugs as defined by Business and

Professions Code section 4022, marijuana and any drugs requiring a prescription. This

prohibition does not apply to medications lawfully prescribed to Respondent by another

practitioner for a bona fide illness or condition.

Within 15 calendar days of receiving any lawfully prescribed medications, Respondent

shall notify the Board or its designee of the: issuing practitioner's name, address, and telephone

number; medication name, strength, and quantity; and issuing pharmacy name, address, and

telephone number.

If Respondent has a confirmed positive biological fluid test for any substance (whether or

not legally prescribed) and has not reported the use to the Board or its designee, Respondent

shall receive a notification from the Board or its designee to immediately cease the practice of

medicine. Respondent shall not resume the practice of medicine until final decision on an

accusation and/or a petition to revoke probation. An accusation and/or petition to revoke

probation shall be filed by the Board within 15 days of the notification to cease practice. If

Respondent requests a hearing on the accusation and/or petition to revoke probation, the Board

shall provide Respondent with a hearing within 30 days of the request, unless Respondent

stipulates to a later hearing. A decision shall be received from the Administrative Law Judge or

the Board within 15 days unless good cause can be shown for the delay. The cessation of

practice shall not apply to the reduction of the probationary time period.

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If the Board does not tile an accusation or petition to revoke probation within 15 days of the

issuance of the notification to cease practice or does not provide Respondent with a hearing

within 30 days of a such a request, the notification of cease practice shall be dissolved.

7. ALCOHOL- ABSTAIN FROM USE. Respondent shall abstain completely from

the use of products or beverages containing alcohol. 6

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If Respondent has a confirmed positive biological fluid test for alcohol, Respondent shall

receive a notification from the Board or its designee to immediately cease the practice of

medicine. Respondent shall not resume the practice of medicine until final decision on an

accusation and/or a petition to revoke probation. An accusation and/or petition to revoke 10

probation shall be filed by the Board within 15 days ofthe notification to cease practice. If 11

Respondent requests a hearing on the accusation and/or petition to revoke probation, the Board 12

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shall provide Respondent with a hearing within 30 days of the request, unless Respondent

stipulates to a later hearing. A decision shall be received from the Administrative Law Judge or

the Board within 15 days unless good cause can be shown for the delay. The cessation of

practice shall not apply to the reduction of the probationary time period.

If the Board does not file an accusation or petition to revoke probation within 15 days of the

issuance of the notification to cease practice or does not provide Respondent with a hearing

within 30 days of a such a request, the notification of cease practice shall be dissolved.

8. NOTICE OF EMPLOYER OR SUPERVISOR INFORMATION. Within seven

(7) days of the effective date of this Decision, Respondent shall provide to the Board the names,

physical addresses, mailing addresses, and telephone numbers of any and all employers and

supervisors. Respondent shall also provide specific, written consent for the Board, Respondent's

worksite monitor, and Respondent's employers and supervisors to communicate regarding

Respondent's work status, performance, and monitoring. For purposes of this section,

"supervisors" shall include the Chief of Staff and Health or Well Being Committee Chair, or

equivalent, if applicable, when Respondent has medical staff privileges.

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9. BIOLOGICAL FLUID TESTING. Respondent shall immediately submit to

2 biological fluid testing, at Respondent's expense, upon request of the Board or its designee.

3 "Biological fluid testing" may include, but is not limited to, urine, blood, breathalyzer, hair

4 follicle testing, or similar drug screening approved by the Board or its designee. Respondent shall

5 make daily contact with the Board or its designee to determine whether biological fluid testing is

6 required. Respondent shall be tested on the date of the notification as directed by the Board or its

7 designee. The Board may order Respondent to undergo a biological fluid test on any day, at any

8 time, including weekends and holidays. Except when testing on a specific date as ordered by the

9 Board or its designee, the scheduling of biological fluid testing shall be done on a random basis.

10 The cost of biological fluid testing shall be borne by Respondent.

11 During the first year of probation, Respondent shall be subject to 52 to 104 random tests.

12 During the second year of probation and for the duration of the probationary term, up to five ( 5)

13 years, Respondent shall be subject to 3 6 to 1 04 random tests per year. Only if there has been no

14 positive biological fluid tests in the previous five (5) consecutive years of probation, may testing

15 be reduced to one ( 1) time per month. Nothing precludes the Board from increasing the number

16 of random tests to the first-year level of frequency for any reason.

1 7 Prior to practicing medicine, Respondent shall contract with a laboratory or service,

18 approved in advance by the Board or its designee, that will conduct random, unannounced,

19 observed, biological fluid testing and meets all the following standards:

20 A. Its specimen collectors are either certified by the Drug and Alcohol Testing

21 Industry Association or have completed the training required to serve as a collector for the United

22 States Department of Transportation.

23 B. Its specimen collectors conform to the current United States Department of

24 Transportation Specimen Collection Guidelines.

25 C. Its testing locations comply with the Urine Specimen Collection Guidelines

26 published by the United States Department of Transportation without regard to the type of test

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28 D. Its specimen collectors observe the collection of testing specimens.

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E. Its laboratories are certified and accredited by the United States Department of

2 Health and Human Services.

3 F. Its testing locations shall submit a specimen to a laboratory within one (I) business

4 day of receipt and all specimens collected shall be handled pursuant to chain of custody

5 procedures. The laboratory shall process and analyze the specimens and provide legally

6 defensible test results to the Board within seven (7) business days of receipt of the specimen. The

7 Board will be notified of non-negative results within one (1) business day and will be notified of

8 negative test results within seven (7) business days.

9 G. Its testing locations possess all the materials, equipment, and technical expertise

1 0 necessary in order to test Respondent on any day of the week.

11 H. Its testing locations are able to scientifically test for mine, blood, and hair

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I. It maintains testing sites located throughout California.

J. It maintains an automated 24-hour toll-free telephone system and/or a secure on-

line computer database that allows Respondent to check in daily for testing.

K. It maintains a secure, HIP AA-compliant website or computer system that allows

staff access to drug test results and compliance reporting information that is available 24 hours a

day.

L. It employs or contracts with toxicologists that are licensed physicians and have

20 knowledge of substance abuse disorders and the appropriate medical training to interpret and

21 evaluate laboratory biological f1uid test results, medical histories, and any other information

22 relevant to biomedical information.

23 M. It will not consider a toxicology screen to be negative if a positive result is

24 obtained while practicing, even if Respondent holds a valid prescription for the substance.

25 Prior to changing testing locations for any reason, including during vacation or other

26 travel, alternative testing locations must be approved by the Board and meet the requirements

27 above.

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The contract shall require that the laboratory directly notify the Board or its designee of

2 nonnegative results within one (1) business day and negative test results within seven (7) business

3 days ofthe results becoming available. Respondent shall maintain this laboratory or service

4 contract during the period of probation.

5 A certified copy of any laboratory test result may be received in evidence in any

6 proceedings between the Board and Respondent.

7 If a biological fluid test result indicates Respondent has used, consumed, ingested, or

8 administered to himself a prohibited substance, the Board shall order Respondent to

9 cease practice and instruct Respondent to leave any place of work where Respondent is practicing

10 medicine or providing medical services. The Board shall immediately notify all of Respondent's

11 employers, supervisors and work monitors, if any, that Respondent may not practice medicine or

12 provide medical services while the cease-practice order is in effect.

13 A biological fluid test will not be considered negative if a positive result is obtained while

14 practicing, even if the practitioner holds a valid prescription for the substance. If no prohibited

15 substance use exists, the Board shall lift the cease-practice order within one (1) business day.

16 After the issuance of a cease-practice order, the Board shall determine whether the

17 positive biological fluid test is in fact evidence of prohibited substance use by consulting with the

18 specimen collector and the laboratory, communicating with the licensee, his treating

19 physician(s), other health care provider, or group facilitator, as applicable.

20 For purposes of this condition, the terms "biological fluid testing" and "testing" mean the

21 acquisition and chemical analysis of Respondent's urine, blood, breath, or hair.

22 For purposes of this condition, the term "prohibited substance" means an illegal drug, a

23 lawful drug not prescribed or ordered by an appropriately licensed health care provider for use by

24 Respondent and approved by the Board, alcohol, or any other substance Respondent has been

25 instructed by the Board not to use, consume, ingest, or administer to himself.

26 If the Board confirms that a positive biological fluid test is evidence of use of a prohibited

27 substance, Respondent has committed a major violation, as defined in section 1361.52(a), and the

28 Board shall impose any or all of the consequences set forth in section 1361.52(b ), in addition to

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any other terms or conditions the Board determines are necessary for public protection or to

2 enhance Respondent's rehabilitation.

3 10. SUBSTANCE ABUSE SUPPORT GROUP MEETINGS. Within thirty (30) days

4 of the effective date of this Decision, Respondent shall submit to the Board or its designee, for its

5 prior approval, the name of a substance abuse support group which he shall attend for the duration

6 of probation. Respondent shall attend substance abuse support group meetings at least once per

7 week, or as ordered by the Board or its designee.

8 Respondent shall pay all substance abuse support group meeting costs.

9 The facilitator of the substance abuse support group meeting shall have a minimum of

10 three (3) years' experience in the treatment and rehabilitation of substance abuse, and shall be

11 licensed or certified by the state or nationally certified organizations. The facilitator shall not

12 have a current or former financial, personal, or business relationship with Respondent within the

13 last five (5) years. Respondent's previous participation in a substance abuse group support

14 meeting led by the same facilitator does not constitute a prohibited current or former financial,

15 personal, or business relationship.

16 The facilitator shall provide a signed document to the Board or its designee showing

17 Respondent's name, the group name, the date and location of the meeting, Respondent's

18 attendance, and Respondent's level of participation and progress. The facilitator shall report any

19 unexcused absence by Respondent from any substance abuse support group meeting to the Board,

20 or its designee, within twenty-four (24) hours ofthe unexcused absence.

21 11. WORKSITE MONITOR FOR SUBSTANCE-ABUSING LICENSEE. Within

22 thirty (30) calendar days of the effective date of this Decision, Respondent shall submit to the

23 Board or its designee for prior approval as a worksite monitor, the name and qualifications of one

24 or more licensed physician and surgeon, other licensed health care professional if no physician

25 and surgeon is available, or, as approved by the Board or its designee, a person in a position of

26 authority who is capable of monitoring Respondent at work.

27 The worksite monitor shall not have a current or former financial, personal, or familial

28 relationship with Respondent, or any other relationship that could reasonably be expected to

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compromise the ability of the monitor to render impartial and unbiased reports to the Board or its

2 designee. If it is impractical for anyone but Respondent's employer to serve as the worksite

3 monitor, this requirement may be waived by the Board or its designee, however, under no

4 circumstances shall Respondent's worksite monitor be an employee or supervisee of the licensee.

5 The worksite monitor shall have an active unrestricted license with no disciplinary action within

6 the last five (5) years, and shall sign an affirmation that he has reviewed the terms and

7 conditions of Respondent's disciplinary order and agrees to monitor Respondent as set forth by

8 the Board or its designee.

9 Respondent shall pay all worksite monitoring costs.

10 The worksite monitor shall have face-to-face contact with Respondent in the work

11 environment on as frequent a basis as determined by the Board or its designee, but not less than

12 once per week; interview other staff in the office regarding Respondent's behavior, if requested

13 by the Board or its designee; and review Respondent's work attendance.

14 The worksite monitor shall verbally report any suspected substance abuse to the Board

15 and Respondent's employer or supervisor within one ( 1) business day of occurrence. If the

16 suspected substance abuse does not occur during the Board's normal business hours, the verbal

17 report shall be made to the Board or its designee within one (1) hour of the next business day. A

18 written report that includes the date, time, and location of the suspected abuse; Respondent's

19 actions; and any other information deemed important by the worksite monitor shall be submitted

20 to the Board or its designee within 48 hours of the occurrence.

21 The worksite monitor shall complete and submit a written report monthly or as directed by

22 the Board or its designee which shall include the following: (1) Respondent's name and

23 Physician's and Surgeon's Certificate number; (2) the worksite monitor's name and signature; (3)

24 the worksite monitor's license number, if applicable; ( 4) the location or location(s) of the

25 worksite; (5) the dates Respondent had face-to-face contact with the worksite monitor; (6) the

26 names of worksite staff interviewed, if applicable; (7) a report of Respondent's work attendance;

27 (8) any change in Respondent's behavior and/or personal habits; and (9) any indicators that can

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lead to suspected substance abuse by Respondent. Respondent shall complete any required

consent forms and execute agreements with the approved worksite monitor and the Board, or its

designee, authorizing the Board, or its designee, and worksite monitor to exchange information.

If the worksite monitor resigns or is no longer available, Respondent shall, within five (5)

calendar days of such resignation or unavailability, submit to the Board or its designee, for prior

approval, the name and qualifications of a replacement monitor who will be assuming that

responsibility within fifteen (15) calendar days. If Respondent fails to obtain approval of a

replacement monitor within sixty (60) calendar days of the resignation or unavailability ofthe

monitor, Respondent shall receive a notification from the Board or its designee to cease the

practice of medicine within three (3) calendar days after being so notified. Respondent shall

cease the practice of medicine until a replacement monitor is approved and assumes monitoring

responsibility.

12. VIOLATION OF PROBATION CONDITION FOR SUBSTANCE-ABUSING

LICENSEES. Failure to fully comply with any term or condition of probation is a violation of

probation.

A. If Respondent commits a major violation of probation as defined by section

1361.52, subdivision (a), of Title 16 ofthe California Code of Regulations, the Board shall take

one or more of the following actions:

( 1) Issue an immediate cease-practice order and order Respondent to undergo a

clinical diagnostic evaluation to be conducted in accordance with section 1361.5,

subdivision ( c )(1), of Title 16 of the California Code of Regulations, at

Respondent's expense. The cease-practice order issued by the Board or its

designee shall state that Respondent must test negative for at least a month of

continuous biological fluid testing before being allowed to resume practice. For

purposes of the determining the length of time Respondent must test negative

while undergoing continuous biological fluid testing following issuance of a cease

practice order, a month is defined as thirty calendar (30) days. Respondent may

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not resume the practice of medicine until notified in writing by the Board or its

designee that he may do so.

(2) Increase the frequency of biological fluid testing.

(3) Refer Respondent for further disciplinary action, such as suspension,

5 revocation, or other action as determined by the Board or its designee. (Cal. Code

6 Regs., tit. 16, § 1361.52, subd. (b).)

7 B. If Respondent commits a minor violation of probation as defined by section

8 1361.52, subdivision (c), ofTitle 16 ofthe California Code of Regulations, the Board shall take

9 one or more of the following actions:

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(1)

(2)

Issue a cease-practice order;

Order practice limitations;

(3) Order or increase supervision of Respondent;

( 4) Order increased documentation;

( 5) Issue a citation and fine, or a warning letter;

( 6) Order Respondent to undergo a clinical diagnostic evaluation to be

conducted in accordance with section 1361.5, subdivision (c)(l), ofTitle 16 of the

California Code of Regulations, at Respondent's expense;

(7) Take any other action as determined by the Board or its designee. (Cal.

Code Regs., tit. 16, § 1361.52, subd. (d).)

Nothing in this Decision shall be considered a limitation on the Board's authority

21 to revoke Respondent's probation if he has violated any term or condition of probation. (See Cal.

22 Code Regs., tit. 16, § 1361.52, subd. (e).) If Respondent violates probation in any respect, the

23 Board, after giving Respondent notice and the opportunity to be heard, may revoke probation and

24 carry out the disciplinary order that was stayed. If an Accusation, or Petition to Revoke

25 Probation, or an Interim Suspension Order is filed against Respondent during probation, the

26 Board shall have continuing jurisdiction until the matter is final, and the period of probation shall

27 be extended until the matter is final.

28 //

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STIPULATED SETTLEMENT AND DISCIPLINARY ORDER (20!6040467)

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13. NOTIFICATION. Within seven (7) days ofthe efTective date ofthis Decision,

Respondent shall provide a true copy of this Decision and Accusation to the Chief of Staff or the

Chief Executive Officer at every hospital where privileges or membership are extended to

Respondent, at any other facility where Respondent engages in the practice of medicine,

including all physician and locum tenens registries or other similar agencies, and to the Chief

Executive Officer at every insurance carrier which extends malpractice insurance coverage to

Respondent. Respondent shall submit proof of compliance to the Board or its designee within 15

calendar days.

This condition shall apply to any change(s) in hospitals, other facilities or insurance carrier.

14. SUPERVISION OF PHYSICIAN ASSISTANTS. During probation, Respondent

is prohibited from supervising physician assistants.

15. OBEY ALL LAWS. Respondent shall obey all federal, state and local laws, all

rules governing the practice of medicine in California and remain in full compliance with any

court ordered criminal probation, payments, and other orders.

16. QUARTERLY DECLARATIONS. Respondent shall submit quarterly

declarations under penalty of perjury on forms provided by the Board, stating whether there has

been compliance with all the conditions ofprobation.

Respondent shall submit quarterly declarations not later than 10 calendar days after the

end of the preceding quarter.

17. GENERAL PROBATION REQUIREMENTS.

21 Compliance with Probation Unit

22 Respondent shall comply with the Board's probation unit and all terms and conditions of

23 this Decision.

24 Address Changes

25 Respondent shall, at all times, keep the Board informed of Respondent's business and

26 residence addresses, email address (if available), and telephone number. Changes of such

27 addresses shall be immediately communicated in writing to the Board or its designee. Under no

28 circumstances shall a post office box serve as an address of record, except as allowed by Business

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and Professions Code section 2021 (b).

Place of Practice

Respondent shall not engage in the practice of medicine in Respondent's or patient's place

of residence, unless the patient resides in a skilled nursing facility or other similar licensed

facility.

License Renewal

Respondent shall maintain a current and renewed California physician's and surgeon's

license.

Travel or Residence Outside California

Respondent shall immediately inform the Board or its designee, in writing, of travel to any

areas outside the jurisdiction of California which lasts, or is contemplated to last, more than thirty

(30) calendar days.

In the event Respondent should leave the State of California to reside or to practice

Respondent shall notify the Board or its designee in writing 30 calendar days prior to the dates of

departure and return.

18. INTERVIEW WITH THE BOARD OR ITS DESIGNEE. Respondent shall be

available in person upon request for interviews either at Respondent's place of business or at the

probation unit office, with or without prior notice throughout the term of probation.

19. NON-PRACTICE WHILE ON PROBATION. Respondent shall notify the Board

or its designee in writing within 15 calendar days of any periods of non-practice lasting more than

30 calendar days and within 15 calendar days of Respondent's return to practice. Non-practice is

defined as any period of time Respondent is not practicing medicine in California as defined in

Business and Professions Code sections 2051 and 2052 for at least 40 hours in a calendar month

in direct patient care, clinical activity or teaching, or other activity as approved by the Board. All

time spent in an intensive training program which has been approved by the Board or its designee

shall not be considered non-practice. Practicing medicine in another state of the United States or

Federal jurisdiction while on probation with the medical licensing authority of that state or

jurisdiction shall not be considered non-practice. A Board-ordered suspension of practice shall

20

STIPULATED SETTLEMENT AND DISCIPLI1':ARY ORDER (20 16040467)

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not be considered as a period of non-practice.

In the event Respondent's period of non-practice while on probation exceeds 18 calendar

months, Respondent shall successfully complete a clinical training program that meets the criteria

of Condition 18 of the current version of the Board's "Manual of Model Disciplinary Orders and

Disciplinary Guidelines" prior to resuming the practice of medicine.

Respondent's period of non-practice while on probation shall not exceed two (2) years.

Periods of non-practice will not apply to the reduction of the probationary term.

Periods of non-practice will relieve Respondent of the responsibility to comply with the

probationary terms and conditions with the exception of this condition and the following terms

and conditions of probation: Obey All Laws; and General Probation Requirements.

20. COMPLETION OF PROBATION. Respondent shall comply with all financial

obligations (e.g., restitution, probation costs) not later than 120 calendar days prior to the

completion of probation. Upon successful completion of probation, Respondent's certificate shall

be fully restored.

21. VIOLATION OF PROBATION. Failure to fully comply with any term or

condition of probation is a violation of probation. If Respondent violates probation in any

respect, the Board, after giving Respondent notice and the opportunity to be heard, may revoke

probation and carry out the disciplinary order that was stayed. If an Accusation, or Petition to

Revoke Probation, or an Interim Suspension Order is filed against Respondent during probation,

the Board shall have continuing jurisdiction until the matter is final, and the period of probation

shall be extended until the matter is final.

22. LICENSE SURRENDER. Following the effective date of this Decision, if

Respondent ceases practicing due to retirement or health reasons or is otherwise unable to satisfy

the terms and conditions of probation, Respondent may request to surrender his license. The

Board reserves the right to evaluate Respondent's request and to exercise its discretion in

determining whether or not to grant the request, or to take any other action deemed appropriate

and reasonable under the circumstances. Upon formal acceptance of the surrender, Respondent

shall within 15 calendar days deliver Respondent's wallet and wall certificate to the Board or its

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1 designee and Respondent shall no longer practice medicine. Respondent will no longer be

2 subject to the terms and conditions of probation. If Respondent re-applies for a medical license,

3 the application shall be treated as a petition for reinstatement of a revoked certificate.

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5 23. PROBATION MONITORING COSTS. Respondent shall pay the costs

6 associated with probation monitoring each and every year of probation, as designated by the

7 Board, which may be adjusted on an annual basis. Such costs shall be payable to the Medical

8 Board of California and delivered to the Board or its designee no later than January 31 of each

9 calendar year.

10 ACCEPTANCE

11 I have carefully read the above Stipulated Settlement and Disciplinary Order and have fully

12 discussed it with my attorneys. I understand the stipulation and the effect it will have on my

13 Physician's and Surgeon's Certificate. I enter into this Stipulated Settlement and Disciplinary

14 Order voluntarily, knowingly, and intelligently, and agree to be bound by the Decision and Order

15 of the Medical Board of California.

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DATED: -<~~~~r® -----------------

FRANCESCO ISOLANI, M.D. Respondent

I have read and fully discussed with Respondent Francesco Iso1ani, M.D. the terms and

conditions and other matters contained in the above Stipulated Settlement and Disciplinary Order.

I approve its form and content.

RAY & BISHOP

DATED: 051(Q2 I l<Sllle r I

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ENDORSEMENT

The foregoing Stipulated Settlement and Disciplinary Order is hereby respectfully

submitted for consideration by the Board.

Dated:

SF2016400224 Isolani Stipulation.docx

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Respectfully submitted,

KAMALA D. HARRIS Attorney General of California JANE ZA K SIMON Su · i g Deputy Attorney General

ST!PULA TED SETTLEMENT AND DISCIPLINARY ORDER (20 16040467)

EXHIBIT A

ACCUSATION 800-2015-012976

FILED

KAMALA D. HARRIS Attorney General of California

2 JANE ZACK SIMON

STATE OF CALIFORNIA MEDICAL BOARD OF CALIFORNIA

SACRAMENTO !fl arch ?-R 20 I?, BY f(. l/ 077YLU ANALYST Supervising Deputy Attorney General

3 LAWRENCE MERCER Deputy Attorney General

4 State Bar No. 111898 455 Golden Gate Avenue, Suite 11000

5 San Francisco, CA 941 02-7004 Telephone: (415) 703-5539

6 Facsimile: ( 415) 703-5480

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Attorneysfor Complainant

BEFORE THE MEDICAL BOARD OF CALIFORNIA

DEPARTMENT OF CONSUMER AFFAIRS STATE OF CALIFORNIA

In the Matter of the Accusation Against:

Francesco Isolani, M.D. 2664 Francisco Way El Cerrito, CA 94530-1531

Physician's and Surgeon's Certificate No. G85394,

Case No. 800-2015-012976

ACCUSATION

Respondent.

Complainant alleges:

PARTIES

1. Kimberly Kirchmeyer (Complainant) brings this Accusation solely in her official

capacity as the Executive Director of the Medical Board of California.

2. On or about August 20, 1999, the Medical Board issued Physician's and Surgeon's

Certificate Number G85394 to Francesco Isolani, M.D. (Respondent). The Physician's and

Surgeon's Certificate was in full force and effect at all times relevant to the charges brought herein

and will expire on March 31, 2017, unless rene\ved. On March 7, 2016, an Administrative Law

Judge issued a Partial Interim Suspension Order restricting said certificate including, but not

limited to, requiring Respondent's compliance with the Uniform Standards for Substance

Abusing Licensees (16 CCR 1361 .5).

(FRANCESCO !SOLAN!, M.D.) ACCUSATION NO. 800-2015-012976

JURISDICTION 1

2 3. This Accusation is brought before the Board, under the authority of the following

3 laws. All section references are to the Business and Professions Code unless othetwise indicated.

4 4. Section 2004 ofthe Code states:

5 "The board shall have the responsibility for the following:

6 "(a) The enforcement of the disciplinary and criminal provisions of the Medical Practice

7 Act.

8 "(b) The administration and hearing of disciplinary actions.

9 "(c) Carrying out disciplinary actions appropriate to findings made by a panel or an

10 administrative law judge.

11 ·'(d) Suspending, revoking, or otherwise limiting certificates after the conclusion of

12 disciplinary actions.

13 '"(e) Reviewing the quality of medical practice carried out by physician and surgeon

14 certificate holders under the jurisdiction of the board.

15 "(f) Approving undergraduate and graduate medical education programs.

16 "(g) Approving clinical clerkship and special programs and hospitals for the programs in

17 subdivision (f).

18 "(h) Issuing licenses and certificates under the board's jurisdiction.

19 "(i) Administering the board's continuing medical education program."

20 5. Section 2227 of the Code provides that a licensee who is found guilty under the

21 Medical Practice Act may have his or her license revoked, suspended for a period not to exceed

22 one year, placed on probation and required to pay the costs of probation monitoring, or such other

23 action taken in relation to discipline as the Board deems proper.

24 6. Section 2234 of the Code, states:

25 "The board shall take action against any licensee 'vho is charged with unprofessional

26 conduct. In addition to other provisions of this article, unprofessional conduct includes, but is not

27 limited to, the following:

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(FRANCESCO ISOLANI, M.D.) ACCUSATION NO. 800-2015-012976

"(a) Violating or attempting to violate, directly or indirectly, assisting in or abetting the

2 violation of, or conspiring to violate any provision of this chapter.

3 "(b) Gross negligence.

4 "(c) Repeated negligent acts. To be repeated, there must be two or more negligent acts or

5 omissions. An initial negligent act or omission followed by a separate and distinct departure from

6 the applicable standard of care shall constitute repeated negligent acts.

7 "(1) An initial negligent diagnosis followed by an act or omission medically appropriate

8 for that negligent diagnosis of the patient shall constitute a single negligent act.

9 "(2) When the standard of care requires a change in the diagnosis, act, or omission that

10 constitutes the negligent act described in paragraph (1 ), including, but not limited to, a

11 reevaluation of the diagnosis or a change in treatment, and the licensee's conduct depat1s from the

12 applicable standard of care, each depmiure constitutes a separate and distinct breach of the

13 standard of care.

14 "(d) Incompetence.

15 "(e) The commission of any act involving dishonesty or cmTuption which is substantially

16 related to the qualifications, functions, or duties of a physician and surgeon.

17 "(f) Any action or conduct which would have warranted the denial of a certificate.

18 "(g) The practice of medicine from this state into another state or country without meeting

19 the legal requirements ofthat state or country for the practice of medicine. Section2314 shall not

20 apply to this subdivision. This subdivision shall become operative upon the implementation of the

21 proposed registration program described in Section 2052.5.

22 "(h) The repeated failure by a cet1iticate holder, in the absence of good cause, to attend and

23 participate in an interview by the board. This subdivision shall only apply to a certificate holder

24 who is the subject of an investigation by the board."

25 7. Section 223 6 of the Code provides that the conviction of any offense related to the

26 qualifications, functions or duties of a physician and surgeon constitutes unprofessional conduct.

27 II

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8. Section 2238 of the Code states:

"A violation of any federal statute or federal regulation or any of the statutes or regulations

of this state regulating dangerous drugs or controlled substances constitutes unprofessional

conduct."

9. Section 2239 ofthe Code states:

"(a) The use or prescribing for or administering to himself or herself, of any controlled

substance; or the use of any of the dangerous drugs specified in Section 4022, or of alcoholic

beverages, to the extent, or in such a manner as to be dangerous or injurious to the licensee, or to

any other person or to the public, or to the extent that such use impairs the ability of the licensee

to practice medicine safely or more than one misdemeanor or any felony involving the use,

consumption, or self-administration of any of the substances referred to in this section, or any

combination thereof, constitutes unprofessional conduct The record of the conviction is

conclusive evidence of such unprofessional conduct.

"(b) A plea or verdict of guilty or a conviction following a plea of nolo contendere is

deemed to be a conviction v.ithin the meaning of this section. The Medical Board may order

discipline of the licensee in accordance with Section 2227 or the Medical Board may order the

denial of the license when the time for appeal has elapsed or the judgment of conviction has been

affinned on appeal or when an order granting probation is made suspending imposition of

sentence, irrespective of a subsequent order under the provisions of Section 1203.4 of the Penal

Code allowing such person to withdraw his or her plea of guilty and to enter a plea of not guilty,

or setting aside the verdict of guilty, or dismissing the accusation, complaint, information, or

22 indictment."

23 10. Section 820 of the Code states:

24 "Whenever it appears that any person holding a license, certificate or permit under this

25 division or under any initiative act referred to in this division may be unable to practice his or her

26 profession safely because the licentiate's ability to practice is impaired due to mental illness, or

27 physical illness affecting competency, the licensing agency may order the licentiate to be

28 examined by one or more physicians and surgeons or psychologists designated by the agency.

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1 The report of the examiners shall be made available to the licentiate and may be received as direct

2 evidence in proceedings conducted pursuant to Section 822."

11. Code section 822 states:

4 "If a licensing agency determines that its licentiate's ability to practice his or her

5 profession safely is impaired because the licentiate is mentally ill, or physically ill affecting

6 competency, the licensing agency may take action by any one of the following methods:

7 "(a) Revoking the licentiate's certificate or license.

8 "(b) Suspending the licentiate's right to practice.

9 "(c) Placing the licentiate on probation.

10 "(d) Taking such other action in relation to the licentiate as the licensing agency in its

11 discretion deems proper.

12 "The licensing agency shall not reinstate a revoked or suspended certificate or license until

13 it has received competent evidence of the absence or control of the condition which caused its

14 action and until it is satisfied that with due regard for the public health and safety the person's

15 right to practice his or her profession may be safely reinstated."

16 FIRST CAUSE FOR DISCIPLINARY ACTION

17 (Mental/Physical Impainnent)

18 12. Respondent is subject to disciplinary action under Sections 2227 and 822 of the Code

19 in that Respondent is impaired in his ability to practice medicine safely due to diagnoses of

20 Bipolar Disorder, Amphetamine Abuse and Cannabis Abuse. The circumstances are as follows:

21 A. On June 12, 2015, the Board received notification from the Bureau of Criminal

22 Identification and Infonnation that Respondent had been arrested on two occasions in February

23 and March, 2015. Investigation of the two incidents revealed that, on each occasion, Respondent

24 had been observed to be engaged in bizarre behaviors and exhibiting manic symptoms consistent

25 with psychosis and psychotic thought processes. Each of the encounters resulted in Respondent

26 being placed on involuntary psychiatric holds pursuant to Welfare and Institutions Code§§ 5150

27 and 5250. These psychiatric hospitalizations resulted in Respondent being given a diagnosis of

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1 Bipolar Disorder, Manic with Psychotic Features, and being placed on medication with

2 psychotherapeutic treatment.

3 B. On November 17, 2015, Respondent was evaluated by a psychiatrist appointed by the

4 Medical Board. In the course of the evaluation, Respondent acknowledged his past aberrant

5 behaviors and his diagnosis of Bipolar Disorder. He related that his behavioral problems began in

6 2014, when he was working long hours and using amphetamines and marijuana to function as an

7 anesthesiologist. He stated that his substance abuse and abenant thought processes had

8 accelerated after resigning his employment as an anesthesiologist, culminating in the incidents

9 that led to his arrests and hospitalizations. The evaluator reported that he concurred in the

10 diagnosis of Bipolar Disorder with Manic Episode, as well as Amphetamine Abuse and Cannabis

11 Abuse. The evaluator reported that Respondent's Manic Episode may have been increased in

12 risk, severity and duration by reason of his poly-substance abuse.

13 C. On February 26,2016, Respondent was examined by another psychiatrist, who was

14 selected by him. That evaluator diagnosed Respondent with Substance-Induced Bipolar and

15 Related Disorder, as well as the substance abuse disorders referred to above. The evaluator

16 opined that Respondent requires psychotherapeutic treatment, psychiatric medications and

17 frequent drug monitoring to function safely in the practice of medicine.

18 13. By reason of the premises, Respondent is subject to disciplinary action pursuant to

19 Business and Professions Code §§ 2227 and 822, in that Respondent's diagnoses of Bipolar

20 Disorder and poly-substance abuse have in the past and may in the future impair his ability to

21 safely engage in the practice of medicine without treatment, monitoring and testing.

22 SECOND CAUSE FOR DISCIPLINARY ACTION

23 (Violation of Drug Laws/Inappropriate Prescribing)

24 14. Respondent is subject to disciplinary action under Business and Professions Code§§

25 2227, 2234 and/or 2234(b) and/or 2234(c), as well as 2238 and 2239, in that Respondent obtained

26 and used controlled substances in violation of drug laws and in a manner and extent that

27 endangered himself and, further, because Respondent prescribed inappropriately and without

28 perfon11ing a medical examination for other persons. The circumstances are as follO\vs:

6

(FRANCESCO !SOLAN!, M.D.) ACCUSATION NO. 800-2015-012976

1 A. Respondent was interviewed by an investigator and medical consultant for the Board.

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At that time, Respondent acknowledged that he had obtained controlled substances, including

amphetamines, by self-prescribing and also by having colleagues prescribe for him. Respondent

stated that he had prescribed controlled substances for persons who were not in fact patients of his

and without an appropriate examination or medical indication.

6 B. Respondent's use of dangerous drugs, including amphetamines and marijuana, was

7 done in violation of drug laws and to the extent and/or in a manner so as to be dangerous and/or

8 injmious to himself and others, as alleged in Paragraphs 12(A)-(C) above.

9 15. Respondent is guilty of unprofessional conduct and respondent's certificate is subject

10 to disciplinary action by reason of his illicit use of controlled substances to the extent or in such a

11 rnanner as to be dangerous or injurious to himself or to the public, as well as his negligent

12 prescribing practices, in violation of Business and Professions Code § § 2234, 223 8 and 223 9.

13 THIRD CAUSE FOR DISCIPLINARY ACTION

14 (Criminal Conviction)

15 16. Respondent is subject to disciplinary action pursuant to Business and Professions

16 Code § § 2234 and 2236 in that Respondent \Vas convicted of a crime substantially related to the

17 qualifications, functions and duties of a physician and surgeon. The circumstances are as follows:

18 A. On March 9, 2015, Respondent was arrested following a physical struggle with police

19 officers to resist atTest. On July 7, 2015, Respondent stipulated to the factual basis for his plea of

20 gujlty and judgment was entered for violation of Penal Code§ 148(a)(l), a misdemeanor.

21 17. Respondent is guilty of unprofessional conduct, and Respondent is subject to

22 disciplinary action, as set forth above.

23 PRAYER

24 WHEREFORE, Complainant requests that a hearing be held on the matters herein alleged,

25 and that following the hearing, the Board issue a decision:

26 1. Revoking or suspending Physician's and Surgeon's Certificate Number 085394,

27 issued to Francesco Isolani, M.D.;

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(FRANCESCO ISOI-ANI, M.D.) ACCUSATION NO. 800-2015-012976

2. Revoking, suspending or denying approval of Francesco Isolani, M.D.'s authority to

2 supervise physician assistants, pursuant to section 3527 of the Code;

3 3. Ordering Francesco Isolani, M.D., if placed on probation, to pay the Board the costs

4 of probation monitoring; and

5 4.

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Documents

MEDICAL BOARD OF CALIFORNIA DEPARTMENT OF CONSUMER … Francesco Giuseppe 201… · 15 16 17 Respondent. Complainant alleges: Case No. 800-2015-012976 OAH No. 2016040467 STIPULATED